Gee v. Van Natta-Lynds Drug Co.
Missouri Court of Appeals
Appeal from Nodaway Circuit Court. — How. A. D. Burnes, Judge. (1) The court erred in refusing the demurrer to the evidence. The mortgage under which interpleaders claim title is void as against appellant. Sanford v. Wheeler, 33 Am. Dec. 389; Ayers v. Husted, 15 Conn. 513; Bramhall v. Flood, 41 Conn. 71; Pattison v. Létton, 56 Mo. App. 325; Mokaska Mfg. Co. v. Steele, 36 Mo. App. 496; Bank v. Lime Co., 43 Mo.
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Appeal from Nodaway Circuit Court. — How. A. D. Burnes, Judge. (1) The court erred in refusing the demurrer to the evidence. The mortgage under which interpleaders claim title is void as against appellant. Sanford v. Wheeler, 33 Am. Dec. 389; Ayers v. Husted, 15 Conn. 513; Bramhall v. Flood, 41 Conn. 71; Pattison v. Létton, 56 Mo. App. 325; Mokaska Mfg. Co. v. Steele, 36 Mo. App. 496; Bank v. Lime Co., 43 Mo. App. 496; Galhreath v. Cook, 30 Ark. 417. (2) The mortgage is fraudulent and void because to the use of the mortgagor. Lodge v. Samuels, 50 Mo. 204; Gutta Percha Mfg. Co. v. Supply .Co.,…
1Opinion of the CourtBroaddus, J.
The undisputed facts taken from appellant’s statement are as follows:
On June 20, 1902, the Van Natta-Lynds Drug Co. sued Greo„ Aley, Jr., on account for merchandise sold for $251.46 and obtained a writ of attachment in aid of said suit which was levied upon a stock of drugs belonging to the debtor, situated in his store at Quitman, Mo. Afterwards the respondents interpleaded for the goods, claiming the right to possession by virtue of a chattel mortgage executed to them by Aley, Jr. on March 25, 1902, to secure a note for $1,290. A trial resulted in a verdict and judgment for the…
2Cases cited13 opinions
- R. L. McDonald & Co. v. HooverSupreme Court of Missouri · 1898
- Goodheart v. JohnsonIllinois Supreme Court · 1878
- Bramhall v. FloodSupreme Court of Connecticut · 1874
- Galbreath, Stewart & Co. v. CookSupreme Court of Arkansas · 1875
- Gutta Percha Rubber Manufacturing Co. v. Kansas City Fire Department Supply Co.Supreme Court of Missouri · 1899
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3Cited by2 opinions
- Gilmore v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1914
- Arel v. First National Fire InsuranceMissouri Court of Appeals · 1916